His memos said the 10 earlier opinions "should not be treated as authoritative for any purpose" and further explained that some of the underlying opinions had been withdrawn or superseded and that "caution should be exercised" by the Executive Branch "before relying in other respects" on the other opinions that had not been superseded or withdrawn.
Convention Against Torture and 18 U. He wrote a memo to the DOD on March 14,concluding that "federal laws against torture, assault and maiming would not apply to the overseas interrogation of terror suspects". And in pushing the envelope, OLC took shortcuts in its opinion-writing procedures.
He may not have a law degree or wield political power, but he has "personally led, witnessed and supervised waterboarding of hundreds of people" during his stint as a Survival, Evasion, Resistance, and Escape SERE School instructor.
Part I[ edit ] The first part says that the advice provided in this memorandum applies only to the facts at hand regarding Abu Zubaydahand that the conclusions of the memorandum may change given different facts. HaynesGeneral Counsel of the Department of Defense.
This section reviews how no appreciable harm has ever resulted from the application of these techniques on U. Bradbury authored an additional memo dated Julyseeking to reconcile the interrogation techniques with new legal developments, including Hamdan v.
It clarifies that a medical expert will always be present "to prevent severe physical or mental harm[. Fear explains why OLC pushed the envelope. He has a sworn duty to preserve, protect, and defend the Constitution and to execute the laws of the United States faithfully, in accordance with the Constitution.
He was at work on the problem when the scandal and the leak of the memo precipitated the final decision. It also states that the statute requires "prolonged mental harm" to accompany mental or physical pain, and that "prolonged" means a duration of months or years.
It also concludes that "actions taken as part of the interrogation It summarizes the various methods of physical and psychological coercion to be used by the CIA against Zubaydah see next section, Part I for details. This interpretation of the Geneva Convention was sent in memos, despite objections by attorneys and the Secretary of the Department of State,   on January 9, January 22, February 1, and again on February 7, Court of Appeals for the 9th Circuit]".
How could this have happened? The memorandum concludes with a narrow definition of torture, that its "severe pain" must necessarily be pain associated with "death, organ failure, or serious impairment of body functions".
Questions by CIA officers over which tactics could be used on the detainee had spurred writing the torture memo,  which is reflected in the language of the memo; "You have asked for this advice in the course of conducting interrogations of Abu Zubaydah.
It also emphasizes that the individual inflicting such pain must have "specific intention to inflict severe pain or suffering".
Increasingly concerned about the legal implications of their practices, John Rizzothen Acting General Counsel of the agency, requested the Office of Legal Counsel, Department of Justice, for new legal opinions on the use of these techniques.
That reservation was mainly regarding Article One of the Convention, which defines torture, but it also states that the U.Writing Resource Center. Writing Skills Workshops. This interactive workshop will help students understand how to organize legal memos and will get them prepared to write their first memo.
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